Nicole C. Wixted

Partner
Philadelphia
nicole.wixted dbr.com
Phone: (215) 988-2690 (215) 988-2690
Fax: (215) 988-2757
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About

Nicole C. Wixted represents clients in litigation matters in state and federal courts nationwide with significant experience handling civil and appellate litigation.

Nicole is a member of the firm’s Life and Disability Insurance Team. She represents and counsels life insurers and brokerage general agencies on a broad range of issues including the secondary  market for life insurance, stranger and investor originated life insurance (STOLI/IOLI), premium financing, cost of insurance, fraud, lapse, and suitability. Nicole advises the industry on and litigates claims handling practices and administration, suitability, market conduct, and issuance of insurance to foreign nationals.

For property and casualty insurers, Nicole handles first- and third-party claims and coverage disputes involving construction defects, product liability and premises liability.

Also, as a member of Drinker Biddle’s Structured Settlement and Annuity Team, Nicole advises, counsels and represents insurance and annuity companies in disputes arising out of the attempted  assignment of annuity payments, third-party garnishments, improper payee claims, unauthorized withdrawals, interpleader claims, beneficiary disputes and overpayment recovery in jurisdictions  throughout the United States.

Nicole also focuses her practice in the financial services industry, wherein she counsels and represents clients in connection with improper fund withdrawal and improper payment claims. In addition,  Nicole has handled numerous tax shelter-related claims, defended an international business software manufacturer in actions regarding alleged improper implementation of certain software products,  and defended claims seeking retroactive capitation payments in connection with the acquisition of a health maintenance organization.

After law school, Nicole clerked for the Honorable Lee B. Laskin of the Superior Court of the State of New Jersey in Camden. Nicole was raised in Virginia but now lives in Moorestown, New Jersey, with her  husband and four children.

Experience

  • Obtained a dismissal of claims brought by a payee against an annuity issuer for following the payee’s instructions and making payments pursuant to an assignment agreement entered into by the payee in Connecticut General Life Insurance Company v. Edward S. Feldman & Penn Mortgage Company, Inc., No. WMN-14-03670, 2015 U.S. Dist. LEXIS 85383 (D. Md. July 1, 2015).
  • Obtained an award of fees and costs in an interpleader action on behalf of an annuity issuer in Connecticut General Life Insurance Company v. Edward S. Feldman & Penn Mortgage Company, Inc., No. WMN-14-03670, 2015 U.S. Dist. LEXIS 85383 (D. Md. July 1, 2015).
  • Obtained the denial of proposed transfers of workers’ compensation related annuity payments.
  • Obtained the dismissal of insurer in action by conservator alleging improper distribution of funds under an annuity.
  • Obtained the denial of motions seeking to dismiss STOLI and/or misrepresentation claims by insurance companies.
  • Obtained the resolution of various tax shelter claims asserted against plan administrator.
  • Obtained the resolution of a lawsuit seeking $65 million in damages arising out of retroactive capitation payments in connection with the acquisition of a health maintenance organization.
  • Obtained denial of TRO seeking to enjoin client from participating in settlement discussions in another lawsuit.
  • Obtained resolution for client in pro bono matter in connection with a violation of a final restraining by negotiating a plea agreement for time served and probation.
  • Resolved issues relating to subpoenas served by Osage Agency.
  • Obtained denial of motion to quash subpoena.
  •  Market Misconduct, Client CLE | 2013
  • The Changing Face of Fraud: Rebating and Other Schemes | December 2011
    •  Nicole participated in a panel with leading compliance professionals concerning the emergence and evolution of producer rebating schemes for Drinker Biddle's "Anticipating Tomorrow: A Symposium on Emerging Legal Issues in Life Insurance."
  • Driver's Education: Best Practices for Top Producers on the New Financial Highway | October 2011
    • Nicole led an interactive discussion on potential regulatory and litigation pitfalls for top producers in the aftermath of the recent "Great Recession."
  • Producer Workshop | May 2011
    • Nicole led a discussion at the AALU Annual Meeting that identified key compliance issues for top producers, using recent lawsuits to show worst case scenarios.
  • Conditions Precedent, Client Event | 2011

Insights & Events

Credentials

Bar Admissions

  • New Jersey
  • Pennsylvania

Education

  • Rutgers University School of Law - Camden, J.D., 2005, Journal of Law and Urban Policy
  • Wesley College, B.S., 2002, cum laude

Court Admissions

  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of Pennsylvania

Nicole's Areas of Focus

Industries

Services